An Analysis Of The Provisions On The Right Of Recipient In The Preservation Of Ownership In China

With the development of credit economy, the system of ownership reservation has become an important widely used legal system in the modern market economy activity. As an important way of transaction in modern commercial activities, ownership reservation by credit guarantee function of its outstanding, demonstrated its unique application value in guaranteeing the seller, to stimulate consumption, expand production, promote and stabilize the social economic development. While the recall right is the great key of the system, The value of the system of recall right powerful express on the seller guarantee function, the exercise of recall right in relation to the stability of the whole transaction success or failure, economic activity but, sometimes even affect the interests of the third person. Therefore, careful design of the recall right and ownership reservation system can reflect its value in market economy. However, the contract law does not make the corresponding provisions of the recall right system, although in2012through the "contract law" three judicial interpretation for some supplement, but there is not clear and there are unreasonable places. Therefore, in order to encourage business, play to the maximum extent of the market economy system of retention of title, the paper was studied on the recall right system.Firstly, this paper explains the concept of the retention of title, on the basic value of the concept and the system to do the analysis of the legal principle theory of law, and mainly analyzes different views of different scholars for the recall right system property,&and put forward their views.Secondly, this paper gives a detailed analysis on the relevant provisions on the recall right in our country at present, the unreasonable are analyzed.Finally, according to China’s current legislative situation about the recall right of the related research and demonstration, based on the above, I provides some suggestions to the specific conditions and procedures, extra price distribution of China’s ownership reservation of recall right.